Ordinary Residence

Pursuant to Council Directive 2004/38/EC of the European Parliament and of the Council of the 29 April 2004, nationals of the European Union are entitled to move to, or reside in Malta in exercise of their Treaty right to freedom of movement in the European Union, as workers, self-employed persons, economically sufficient persons or students. A citizen of the European Union may enter, remain and reside in Malta, seek and take up employment or self-employment in Malta, together with their family members accompanying or joining them.

A citizen of the EU (and his/her family members accompanying or joining him/her) may reside and move freely within Malta on the same conditions as Maltese nationals for a period of three (3) months without any conditions or any formalities, commencing on the date of first entry into Malta.

Where a citizen of the EU decides to take up residence in Malta for a period longer than three (3) months, he/she is required to apply to the Director for Citizenship and Expatriate Affairs, for a registration certificate .

Family Members

Family members of an EEA national residing in Malta have the right to join and accompany him/her in Malta. The family is defined as:

The spouse;

Children or grandchildren of EEA nationals or those of his/her spouse, who are under 21 years of age or who are dependent on him/her;

The dependent parents or grandparents of the EEA national or of his/her spouse.

Other relatives such as extended family members, brothers, sisters and cousins and partners do not have an automatic right to live in Malta. In order that their request for facilitation of residence may be considered, the extended family members must be able to demonstrate that they are dependent on the EEA national. In the case of partners, they must be able to show by documentary evidence that they have been in a durable relationship with each other for at least two years.

Employment/Self Employment

EEA nationals and their family members can:

Accept offers of work and seek employment in Mata;

Work (whether as an employee or in self-employment);

Set up a business.

An EEA national requires an employment licence to work in Malta (such licence is not required in the case of a self-employed person). This licence will, however, be granted automatically.

Economically self-sufficient Persons

If an EEA national can demonstrate that he/she is able to support himself/herself and his/her family members accompanying him/her in Malta, without recourse to public funds, such person can reside in Malta as an economically self-sufficient person, on condition that –

He/She has sufficient resources for himself/herself and his/her family, ensuring that they do not become a burden on the social assistance system in Malta. The minimum required level of resources are:

A capital of at least €14,000, or a weekly income of €84.95; or, in the case of a married couple, a capital of €23,300 or a weekly income of €93.10. and

He/She is covered by a comprehensive sickness insurance in Malta against all risks, including use of public hospitals.

Application Procedures

Citizens of the European Union seeking to reside in Malta for more than three (3) months, are required to be in possession of a registration certificate evidencing their right of residence in Malta.

Applications for a registration certificate may be made by completing the attached Form CEA/12 together with the relevant supporting documentation (as may be applicable).

Permanent Residence

Once an EEA national (and his/her family members) has resided legally in Malta for a continuous period of five (5) years, he/she is entitled to apply for confirmation of permanent residence. Such person must prove that he/she has been living in Malta, whether in employment, or self-employment, or as a student or as an economically self-sufficient person throughout the five year (5) period.

For residence in Malta to be considered continuous, one must not have been absent from Malta for more than six months each year. Longer absences for a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas, will not affect the required continuous residence.

In certain circumstances, some persons may enjoy permanent residence in Malta before completion of the continuous period of five years of residence.

Once permanent residence is acquired, the EEA national and his family members shall only lose such status of permanent residence through absence from Malta for a period exceeding two consecutive years.

Fiscal considerations

Persons residing in Malta for more than six months in a year are charged to tax in Malta on a remittance basis, that is, on foreign source income that is remitted to Malta and on income arising in Malta. The extent, if any, of taxation on funds remitted to Malta depends on the nature of such funds, for if certain conditions are met, the person residing in Malta may be entitled to apply for a relief of double-taxation in accordance with applicable Double Taxation Treaty provisions.

Foreign source income that is not remitted to Malta, and foreign source gains are not taxable in Malta, whether remitted to Malta or otherwise.